Compare Zillow Flex Program and OJO Labs

For Sellers

Referred Agents
25%-40%
Referral Fee
Zillow Premier Broker program does not provide real estate services to home sellers. Instead, this program matches consumers with various real estate agents in exchange for a 25%-40% referral fee. Zillow Premier Broker results suffer from pay-to-play bias because the network does not match consumers with agents unwilling to pay a significant part of their commission.

For Sellers

Partner Agents
Undisclosed
Referral Fee
OJO Labs is a broker that does not provide real estate services to home sellers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

For Buyers

Referred Agents
25%-40%
Referral Fee
Zillow Premier Broker program does not provide real estate services to home buyers. Instead, this program matches consumers with various real estate agents in exchange for a 25%-40% referral fee. Zillow Premier Broker results suffer from pay-to-play bias because the network does not match consumers with agents unwilling to pay a significant part of their commission.

For Buyers

Partner Agents
Undisclosed
Referral Fee
OJO Labs is a broker that does not provide real estate services to home buyers. Instead, this company matches consumers with various real estate agents in exchange for an undisclosed referral fee. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.
Question: What is the difference between Zillow Flex Program and OJO Labs?
Answer: Both Zillow Flex Program and OJO Labs function as a referral fee network that enables broker-to-broker collusion with use of blanket referral agreements.
Compare Zillow Flex Program and OJO Labs for home buying and selling. HomeOpenly is an impartial and an open resource focused on trending real estate services, portals and start-ups.

First published: 22 October 2020
Last updated: 25 April 2021

Buying and Selling with Zillow Flex Program

Consumer Warning

Zillow Flex Program is a broker-to-broker collusion scheme, where all real estate agents agree to pay massive kickbacks to receive your information. As a consumer, you will always overpay for broker commissions subject to hidden kickbacks and pay-to-play steering promoted in their referral scheme. United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies. Do not allow your information to be "sold as a lead" between brokers in exchange for massive commission kickbacks paid from your future home sale, or your future home purchase.


Zillow Flex Program is a real estate referral fee network that is designed to collect undisclosed referral fees from real estate agents. Within this network, Zillow Group screens and refers consumers to real estate agents with a pre-existing "blanket" referral agreements. Zillow Group refers to this referral service as a Zillow Flex Program because it allows brokers to participate without paying any upfront costs to Zillow Group.

As a consumer filling out a contact form on the Zillow-owned (Zillow, Trulia, etc.) web site, "you authorize Zillow to make Real Estate Referral and acknowledge Zillow may be paid valuable consideration for facilitating such referral." Zillow Group does not disclose to consumers how much "valuable consideration" it receives from participating brokers. "The established referral fees are specific to each market in order to account for local pricing trends," according to Zillow.

Zillow Flex Program is a form of pay-to-play consumer brokering product that relies on the use of blanket referral agreements to pay for each referral. Blanket referral agreements between brokers are a per se violation of the Sherman Act. With Zillow Flex Program consumers are effectively pre-screened by Zillow and “sold as leads” to whoever is willing to pay for this information with a share of their commission.

Zillow Flex Program Pricing

Zillow Premier Broker does not offer paid services to consumers directly, instead, the portal generates revenue with estimated 25%-40% referral fees from real estate brokers. Zillow Group declines to disclose the exact fee amount.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • This Service Does Not Represent Buyers

Zillow Flex Program Editor's Review:

This review is focused on the Zillow Flex Program program only. Two separate reviews are assigned to Zillow Instant Offers and Zillow MLS aggregator programs. Since Zillow was first founded, it has idolized itself as a real estate Internet company. However, with an introduction of Zillow Flex Program in 2018, this is no longer the case.

Today, Zillow acts as a "paper" real estate broker. This fact allows Zillow to receive referral fees from real estate agents across the United States.

Zillow operates under the following real estate brokerage license in the following States:

Arizona CO580407000
California 01522444
California 01980367
Colorado 100080923
Florida CQ1058944
Georgia 76885
Minnesota 40638657
Nevada B.1002277.CORP
North Carolina C30388
Texas 549646
Washington 21212
Wisconsin 835987-91

Real estate agents are allowed to pay one another referral fees with a narrow RESPA provision that is needed to allow individual agents to refer business to other individual agents outside their service area. Despite being registered as a broker, Zillow does not perform real estate services, it simply sends leads to specific agents within its network and uses a real estate license to collect a back-loaded referral fee in the process.

Referral fee revenue is 32x that of a regular advertisement revenue because it results in an economic process called reverse competition, where consumers suffer from elevated costs and lower service as a result. A referral network is anything but free.

The following are some telling quotes from Zillow itself and a Premier Broker program participants. These words speak for themselves.

  • "We receive listing and buyer referrals directly from Zillow's Premier Broker concierge services. These leads have been scrubbed and vetted before they are directly handed off to you." Source: Sonoma County RE/MAX Marketplace, Zillow Flex Program participant.
  • "We will validate all leads first, then send agent-ready buyers to you." Source: Zillow website.
  • "What happens if you miss a call? Don't worry. You won't lose your place in the queue and we will call you with the next connection we validate." Source: Zillow website.

Zillow Group does not disclose the exact amount in referral fees it collects from Premier Brokers, aside from stating that it is an "industry standard." Similar referral fee networks typically receive 25%-40% of the agent's total commission. This is a good reference for the amount in commissions consumers can expect to overpay for their real estate services with a Premier Broker. Zillow Flex Program is a pay-to-play process that harms the industry as a whole and makes buying and selling homes more expensive.

Why does the Zillow allow for such poor UX? There are thousands and sometimes tens of thousands in fees collected from each transaction effectively hidden in consumer’s commission.

Consumers in the United States have been systematically conditioned to a 6% "standard" commission structure, a non-negotiable fact that needs no justification. Unfortunately, this inefficiency alone breeds uncompetitive behavior where real estate agents can easily pay tens of thousands in fees because they are recoverable with a high commission.

Consumers are truly forgotten in this model as an afterthought. When these exigent commissions are amortized over the first five years of homeownership, these fees are the highest single expense line-item - more than the insurance, more than the interest, more than utilities. Clearly, real estate agents only sign-up with Premier Broker because the price of the referral fee can be easily incorporated into their client's agreement with excessive commissions.

RESPA allows for an exception for real estate agents if and only if “all parties are acting in a real estate brokerage capacity" so that individual agents can refer each other when they are out of the local area. This exception has now been turned up-side-down where a referral network does not act in the capacity of a real estate broker. Zillow Group simply uses a license to collect fees without any tangible services done as defined by said license.

Consumers looking to work with a legitimate real estate agent on fair terms should absolutely avoid Zillow Flex Program and never release their full name, email and a phone number to Zillow Group.

The issue of having all US residential real estate markets heavily subjected to these schemes results in noncompetitive behavior, higher costs to consumers and lower quality of service. Having agents "commonly" pay networks 25%-45% of their commission is the true reason why real estate is broken.

Zillow Group matches consumers with "great, amazing, top-producing, perfect agents" based on who first picks up the phone and who is willing to kick in a chunk of their commission, this is the main basis for this process.

What happens when this flawed revenue model is no longer sustainable due to competitive commissions entering the market? The next stage of real estate innovation will have to account for this reality. In play are now competitive open rates, flat fees and buyer’s refunds from highly qualified real estate agents.

Transparent commission rates will eventually bring and end to a pay-to-play phenomenon in the real estate process where programs like Premier Broker simply cannot exist.

Today, consumers should be careful and only negotiate with agents that have no referral fee agreements signed, this is the only way to negotiate for full service at a market rate.

Where does Zillow Flex Program operate?

Zillow Flex Program currently operates in select areas across Fort Collins, CO, Pueblo, CO, New Haven, CT, Norwich, CT, Phoenix, AZ and Atlanta, GA..

Buying and Selling with OJO Labs

Consumer Warning

OJO Labs is a broker-to-broker collusion scheme, where all real estate agents agree to pay massive kickbacks to receive your information. As a consumer, you will always overpay for broker commissions subject to hidden kickbacks and pay-to-play steering promoted in their referral scheme. United States federal antitrust laws prohibit consumer allocation and blanket referral agreements between real estate companies. Do not allow your information to be "sold as a lead" between brokers in exchange for massive commission kickbacks paid from your future home sale, or your future home purchase.


OJO Labs is a referral fee network designed to collect referral fees by matching consumers with local real estate agents willing to pay it. OJO Labs operates under a variety of broker licenses, mainly two issued by the Texas Real Estate Commission as OJO Labs Inc. 9007689 and OJO Home LLC 9008342, but it does not produce any services that are typically offered by real estate agents and does not represent consumers when buying or selling real estate in any State. In exchange for matching consumers with an OJO Labs Partner Agent, OJO Labs is compensated by the Partner Agent with an undisclosed percentage of their commission. As of June 2020, OJO Labs further operates a real estate online brokerage Movoto. When users are ready to talk to an in-person agent, OJO refers clients to a Movoto agent, or Partner brokerage.

OJO Labs Pricing

OJO Labs revenue comes from undisclosed referral fees. Referral fees set by such networks range anywhere between 25%-40% of the entire agent’s commission.

Listing Services

  • This Service Does Not Represent Sellers

Buyer's Agent Services

  • This Service Does Not Represent Buyers

OJO Labs Editor's Review:

For consumers, OJO Labs promises real estate assistance as a lead nurturing platform and a transaction manager. The platform is supposedly able to learn a buyer's preferences via machine learning and match them with homes that fit their needs. By gathering consumers' home preferences and budgets, OJO communicates conversationally through mobile text as a personal advisor throughout the home-buying process.

For real estate professionals, OJO Labs promises a scalable, high-touch experience that reflects well on a brokerage and helps increase closings by scrubbing leads as they come in and nurturing buyers with unique insights powered by machine learning. Once a homebuyer is prepared, a home concierge initiates a live transfer to the Partner Agent. OJO representatives give Partner Agents all the background information on the homebuyer to make the transition as warm as possible. This handoff helps ensure both consumers and agents alike receive the most seamless, hassle-free experience. OJO claims to help real estate professionals to create stronger, better-informed connections with buyers and sellers and keeps them engaged until they're ready to get down to business.

For Partner Agents, there is no upfront cost to join OJO to receive leads and referrals. The referral fee is paid on each lead that results in a close.

In other words, OJO Labs is a middle-man that scrubs consumer's information and passes it along to a broker who is willing to pay for it with a cut of their commission. All options offered to consumers by OJO Labs suffer from pay-to-play bias. If a broker is unwilling to give a portion of their commission to OJO Labs, the company has no interest in recommending them. The following is a set of statements taken from OJO's Terms of Service that all, effectively, show that OJO takes no responsibility for their recommendations.

"OJO will process lead inquiries from a variety of sources including but not limited to: your brokerage's website, your brand's website, and leads you have acquired from the major national search portals (e.g. Zillow, Homes.com, Realtor.com, Trulia, etc.)."

"We ingest your leads from your various sources (website, Realtor.com, etc.) in real time and will call leads in as quickly as 10 seconds. We do the legwork to get a customer on the phone and facilitate the live transfer to the first-available agent once a buyer is ready to be connected."

"By using the OJO services, you agree to receive phone calls and text messages from us and our partners. By using the OJO services, you expressly authorize OJO, its affiliated companies and its partners (described below) and each such entity's employees, contractors and software (collectively, "Service Provider") to communicate with you by phone and text at the wireless phone number provided or any other number that you may provide in the future. You understand that message and data rates may apply based upon the terms of your wireless service provider contract. You also agree that methods of contact may include use of auto-generated text messages or an automated telephone dialing system, even if you've registered that number on a Do-Not-Call registry, and that my consent to text messages and phone calls is not a condition to using any Service Provider's services. If you do not consent to receive these texts or calls, do not use the OJO service or provide your information to us."

"We do not endorse or recommend the products or services of any service provider and are not an agent or advisor to you or any service provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of service providers. It is your responsibility to investigate any service providers before you engage them. You acknowledge and agree that these service providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a service provider's products or services."

"OJO is not a real estate agent or lending institution or other service provider. Instead, we, through the OJO services, may help to connect you with service providers that might meet your needs based on information provided by you. OJO does not, and will not, make any credit decision with any service provider referred to you. OJO does not issue mortgages or any other financial products."

"By accepting a referral to one of our Referral Partners, you grant us permission to share your User Data with the Referral Partner so that they may offer their products or services to you."

"When you accept a referral to one of our Referral Partners, you acknowledge that you are purchasing any products or services offered by the Referral Partner directly from them and that OJO is not a party to any agreement between you and the Referral Partner with respect to those products and services; and OJO is not responsible for that Referral Partner's products or services, the content therein, or any claims that you or any other party may have relating to that Referral Partner's products and services."

"By using the OJO services, you hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a service provider's products or services, including any fees charged by a service provider."

Clearly, OJO is a biased platform designed to funnel consumers toward brokers who pay them a kickback at the close of consumers' transactions. Consumers using OJO Labs have zero control over what agents the company shares their information with. Instead of being "scrubbed" and "sold as leads" consumers looking for a competitive and fair representation can consider negotiating directly with real estate agents, or with help from unbiased consumer-focused online services that do not collect referral fees.

Conflicts of Interest

According to OJO Labs, "When a consumer is ready to connect with an agent, up to five qualified agents are contacted via text message. The first agent to respond wins the opportunity. Upon responding to the consumer notification, the agent will receive a phone call for a warm transfer within one minute. This phone call must be answered promptly or the consumer introduction will go to another agent."

OJO Labs doesn't care which agent, specifically, picks up the phone first, but it does care that the match is made only to someone in their referral network.

"After the introductory call with the consumer, agents will receive a text message with a link to update their profile in the Agent Dashboard. Agents will then receive bi-weekly reminders to update their buyer and seller profiles as they move further down the path toward closing on a new home."

This process is established to keep OJO Labs informed about what stage of the transaction process the consumer is in. OJO Labs needs to understand when the broker will close the deal and when it will receive a referral fee from the sale or purchase of the home. This means that OJO Labs receives intimate details about consumers' transactions from Partner Agents.

According to one OJO Lab Partner Agent, Sharon S. from Atlanta, GA, "Signing up was really easy. I also love that I can choose what kinds of leads I want and they show up on my phone. I'm talking to new clients within a few minutes. It's pretty neat."

Of course, this is a neat consumer brokering scheme, where agents pick "what leads they want" and consumers are steered only toward agents who choose to cut in OJO Labs with a major share of their commission. In this scenario, consumers' needs are "ingested" and "warmed-up" for the agent.

Antitrust Implications

In reality, OJO Labs is a broker-to-broker collusion scheme that scrubs consumer's information and passes it along to a colluding broker who is willing to pay for it with a cut of their commission. All Partner Agents agree to pay OJO Labs a pre-arranged referral fee, on all closed transactions, through their employing broker. A referral agreement between OJO Labs and a Partner Agent for a random transaction that may or may not happen sometime in the future is executed in advance.

OJO Labs engages in consumer and market allocation schemes with Partner Agents brokerages, because it is a broker itself. Instead of representing consumers to help buy and sell homes, this "paper" brokerage actively disengages from its licensed activities so that every Partner Agent knows that OJO brokerage will not compete with them. OJO Labs does not act in a real estate brokerage capacity, instead, their real estate license is used to collect a blanket referral fee from the largest number of brokers possible.

Sherman Act effectively requires all active real estate brokers to proactively compete for consumers. An agreement or an understanding between brokers not to compete for a mutual profit is a "per se" violation of antitrust regulations in the United States.

The amount of a referral fee between brokers must be negotiated with respect to an individual transaction. It is a per se violation of the Sherman Act for real estate brokers to agree on a "standard" referral fee that will be paid for producing a client. Real estate professionals are not allowed to enter into blanket referral agreements between one another because such agreements always restrict free trade.

Brokers are not allowed to organize their operations into any collusion schemes and networks, and instead, all brokers must compete for consumers on a fair playing field. Legitimate agents who choose to not engage in the OJO referral scheme are harmed as well because consumers are steered away in a highly competitive real estate market.

To comply in good faith with RESPA (12 U.S.C. 2607) Section 8 exception for cooperative brokerage and referral arrangements, legitimate real estate agents must render referral agreements in a particular instance for a particular transaction.

Actions of OJO Labs "paper" brokerage directly increase the costs of owning homes in the United States due to added blanket referral fees, consumer allocation practices, and reverse completion between brokers. Partner Agents in the scheme have no incentive to compete for consumers with lower fees, instead, they have an incentive to compete for OJO Labs' attention. In this scheme, both colluding parties benefit from offering consumers higher commissions. OJO Labs promotes Partner Agents as somehow "superior" to those outside of the network, thus limiting free-market competitive forces and steering consumers in self-interest toward a network of very few agents who chose to agree to participate in the scheme.

As a licensed brokerage, OJO Labs owes absolutely no duty of care to consumers and takes no responsibility for the transaction, despite receiving a direct financial benefit from the home sale or purchase completed by a third-party referred brokerage.

Where does OJO Labs operate?

OJO Labs currently operates in select areas across United States.